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TMI Blog2017 (11) TMI 1865X X X X Extracts X X X X X X X X Extracts X X X X ..... titioner was summoned to face trial on the basis of summoning order dated 28.10.2014 [Annexure P/11] passed by Judicial Magistrate 1st Class, Faridabad and subsequent proceedings therefrom. Facts relevant for the purpose of decision of the present petition; that Deepak Golcha, complainant - respondent herein, had filed a complaint under Sections 138, 141 and 132 of Negotiable Instruments Act, 1881 (for short, "the Act") that two cheques bearing Nos. 464399 dated 20.08.2014 and No. 464398 dated 26.08.2014 were issued and the same were returned with the remarks "Funds Insufficient" and "Account Blocked" respectively. Despite issuance of notice, payment was not made and as such, the complaint, Annexure P/10 was filed on 28.10.2014. 2. Learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... criminal proceedings shall be miscarriage of justice and the Court has got the power to quash the said proceedings. On this point, reliance was placed upon the judgments from Hon'ble Supreme Court in Pooja Ravinder Devidasani v. State of Maharashtra and another, 2015 (1) R.C.R. (Criminal) 271; Mrs. Anita Malhotra v. Apparel Export Promotion Council and another, 2011 (4) R.C.R. (Civil) 930 and N.K. Wahi v. Shekhar Singh and others, 2007 (2) R.C.R. (Criminal) 266. 5. While arguing on this point, learned counsel for the respondent contended that the summoning order has been passed by learned Magistrate and the remedy by way of revision before the Court is Sessions is available to the present petitioner and as such, the present petition un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ercise the power in such like cases. Such a view was taken by Hon'ble Supreme Court in case Harshendra Kumar D. v. Rebatilata Koley etc., 2011 (1) R.C.R. (Criminal) 887 : 2011 (3) SCC 351 and in National Small Industries Corp. Ltd. v. Harmeet Singh Paintal and another, 2010 (2) R.C.R. (Criminal) 122 : 2010 (2) JT 161, wherein Hon'ble Supreme Court of India was of the view that if a cheque issued by a company and plea taken that one of the Directors had resigned before the date of issuance of cheque and his resignation was duly accepted and notified, such person cannot be made accountable and the liability cannot be fastened upon him. In view of the above, the present petition is allowed and the Criminal Complaint No. Criminal Compla ..... X X X X Extracts X X X X X X X X Extracts X X X X
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